Linn County DA won’t prosecute driver who admitted checking his phone before deadly hit-and-run crash

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“The evidence shows that (the driver) diverted his attention away from the road in the moments immediately preceding the crash… he noticed something on his phone, which was on the seat next to him. He then looked down, and it was in this moment that the crash occurred.”
— Alex Olenick, Linn County Deputy DA

A case from Corvallis should send a shiver down the spine of anyone who uses our roads.

As reported today by the Gazette Times, the Linn County District Attorney’s Office has decided to not file charges against the driver who hit and killed 34-year-old Shiloh Sundstrom while he was walking on the side of a road east of Corvallis on the night of November 22nd. The auto user admitted to drinking and looking down at his phone prior to the crash. Despite these facts, the Deputy DA Alex Olenick said the evidence wasn’t enough to prove the driver acted with criminal negligence.

We’ve covered this legal situation numerous times and are aware of the existing limitations in Oregon law around traffic crashes. The threshold to prove intentional and reckless behavior by the driver of a car in situations like this is very high and often — even when it’s clear that a person’s behavior was dangerous and led to the crash — DA’s feel they must decline to prosecute.

What makes this case stand out however, is the statement Olenick made in his report. Here’s the relevant excerpt from Olenick’s memo (taken from Gazette Times with my emphasis):

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